Donald Trump thought nominating Amy Coney Barrett to the Supreme Court would stand as his crowning achievement of his presidency.
Conservatives spent two generations fighting to flip the Court’s liberal majority.
But Amy Coney Barrett let down Donald Trump in one major case.
The Supreme Court refused to hear the Gloucester County, Virginia school board’s appeal of a lower court’s ruling allowing a biological female to use the boys’ restroom.
In the Fourth Circuit Court of Appeals’ decision,Obama appointee Judge Henry Floyd celebrated the ruling as a win for diversity as the majority ruled Title IX of the United States Education Amendments meant schools not being allowed to discriminate on the basis of sex applied to transgenders.
“The proudest moments of the federal judiciary have been when we affirm the burgeoning values of our bright youth, rather than preserve the prejudices of the past,” the majority wrote. “How shallow a promise of equal protection that would not protect Grimm from the fantastical fears and unfounded prejudices of his adult community. It is time to move forward.”
Conservative activist and legal scholar Daniel Horowitz ripped the Court for its tortured legal logic.
“Although Title IX of the United States Education Amendments of 1972 was designed to prohibit discrimination in schools against one gender, the Obama administration took it upon itself to ‘expand’ the law to redefine gender itself. In January 2015, the DOE’s Office of Civil Rights promulgated a regulation barring schools from assigning bathroom facilities based on biological sex, demanding they instead assign them based on someone’s chosen gender. In addition to representing a facial absurdity, this Fourth Circuit opinion, which reversed a district court decision, was lawless and a complete twisting of a congressional statute,” Horowitz wrote.
But what stuck in the craw of so many conservatives was the fact that only Justices Clarence Thomas and Samuel Alito voted to hear the school board’s appeal.
The other seven justices—including all three Trump appointees Brett Kavanaugh, Neil Gorsuch and Amy Coney Barrett—voted with the left to extend special rights for transgenders to bathroom policy.
“This denial of an appeal speaks just as loudly as a ruling itself. We already know that Gorsuch, writing the majority opinion in Bostock, believes that the word ‘sex’ in Title VII of the Civil Rights Act means transgenderism. So, I guess if he believes transgenderism can be retrofitted into a 1964 statute, it is not a jump to apply it to a 1972 statute as well. But it’s also jarring that Kavanaugh and Barrett declined to add their names to the dissent from denial of certiorari,” Horowitz added.
This has been a disappointing Supreme Court term for conservatives.
After Barrett’s confirmation saw Republicans expand their majority on the Court to six to three, conservatives expected a string of sweeping legal wins that shifted American jurisprudence to the right.
Instead, Amy Coney Barrett voted with the left to uphold Obamacare, allow the government to discriminate against religious liberty and to allow biological males and females to pick and choose which bathrooms they use.
If you want American Patriot Daily to keep you up to date on any new developments in this ongoing story and the rest of the breaking news in politics, please bookmark our site, consider making us your homepage and forward our content with your friends on social media and email.